Can and F1 student get an AOS after sevis termination?

[mboden]

Hi,

I had to take a leave of absence at my school due to financial reasons. However, my partner wants to marry me in order for us to stay together instead of me going back home. He is a US citizen.

I wanted to know if I can get an adjustment of status when my student visa is terminated. I have 15 days to leave and was wondering if I could file the application before then and avoid overstaying in the us.

[celosia89]

No, you have to maintain F1 status, on Uscis website said it should be legal status when you send application and is charged by Uscis. Otherwise, they will return back your application. After you get receipt from Uscis, you can drop school

[RiverZ]

Personally, I don't think there is any difference between a F1 and a B2 visa. While you came to the US for school, the B2 holder came for pleasure. Is there a chance to someone with a non-immigrant visa fall in love with a USC while staying in the country? of course there is. Each one of you regardless if it is F1, B2 or any otehr type, are free to marry anyone. However, It will be up to USCIS to decide if your relationship with your partner is a teuly bonafide relationsgip or just for immigration purposes.

Good Luck

[bhunti]

Besides the being "out-o-status" part until you get the 485 receipts, you can absolutely do AOS. You have a vaild i94 that allows you to do AOS.
USC spouses illegal stay is forgiven for AOS considerations.

The only burden you have to satisfy is that AOS is not allowed if you are doing to save status or remain in US ( which you are kind of intending to do). However the lines are blurred a bit, If you have been in relationship with the USC for a reasonable period, have evidences of staying together, and get married, you absolutely can.. AOS should not be the main reason to get married in USCIS eyes.

[RiverZ]

No, you have to maintain F1 status, on Uscis website said it should be legal status when you send application and is charged by Uscis. Otherwise, they will return back your application. After you get receipt from Uscis, you can drop school

I have heard stories of F1 holders or as I said above , any type of visa who overstayed, got married with a USC and they were able to adjust their status.

[azblk]

no, you have to maintain f1 status, on uscis website said it should be legal status when you send application and is charged by uscis. Otherwise, they will return back your application. After you get receipt from uscis, you can drop school

not true

[demodemo]

No, you have to maintain F1 status, on Uscis website said it should be legal status when you send application and is charged by Uscis. Otherwise, they will return back your application. After you get receipt from Uscis, you can drop school

ABSOLUTELY FALSE!!! STOP GIVING WRONG INFO. STOP IT!!!

mboden go ahead with your AOS application. Being out of status is not a barrier to Adjusting your status. People who've been out of status for years successfully adjust their status.

[bcp1985]

ABSOLUTELY FALSE!!! STOP GIVING WRONG INFO. STOP IT!!!

mboden go ahead with your AOS application. Being out of status is not a barrier to Adjusting your status. People who've been out of status for years successfully adjust their status.

Agree...I came on a J1 visa in 2006 been out of status since 2009 (so 10years) I recently filed my AOS marriage based and just completed my biometrics (patiently waiting my interview date) but if you want more reassurance talk to a lawyer.

[Enub4]

No, you have to maintain F1 status, on Uscis website said it should be legal status when you send application and is charged by Uscis. Otherwise, they will return back your application. After you get receipt from Uscis, you can drop school

From what I read, this is correct if the marriage is with LPR (GC holder).
OPs marriage will be with US Citizen, as long as the relationship is real, they will not have problems.

[huyhoangvn]

Overstaying is not a bar to adjustment if you are married to a US Citizen.

[BayAreaCaliAOS]

No, you have to maintain F1 status, on Uscis website said it should be legal status when you send application and is charged by Uscis. Otherwise, they will return back your application. After you get receipt from Uscis, you can drop school

Malicious and false.

[DD1992]

mboden I am also F-1 adjusting to GC through marriage with my USC partner. It is always better to maintain your F-1 if your change of status is processing. May I ask how long you have been terminated? Also, is your visa still valid? If it has expired, has it expired longer than a year?

[Dz2020]

My story :
i came to USA on J1 visa 12 years ago , I overstated i met my husband who is a USC 8 years ago we got married in May 2018 and applied for AOS July 2018 . And got greencard December 2019
i had no problem asjusting my status and as long your as your marriage is real bonafide, you don’t have to maintain F1 status to apply for AOS.
when you Marry an USC your overstay and illegal work in the US are pardoned .
i traveled overseas too with Advance Parole and no problem at all reentering into the country .
During the interview my overstay or illegal work in the US wasn’t mentioned at all, IO only focuses on verify if our marriage was bonafide .

[JaydenDad]

As long as you are married for love and not papers, you will be ok.

[NYC/She]

From what I read, this is correct if the marriage is with LPR (GC holder).
OPs marriage will be with US Citizen, as long as the relationship is real, they will not have problems.

It’s option 3.
Wait until LPR GC holder became US citizen.